Flake v. Gardner’s Empirical Analysis
399 F.2d 532 · 1968
Citation profile
21 federal appellate · 10 district ·
How this case has been cited
Cited by 51 later decisions (1 by the Supreme Court) — most recently December 2018 · most notably Richardson v. Perales (1971), Day v. Weinberger (1975)
21 federal appellate · 10 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Page v. Celebrezze · Mark v. Celebrezze · Verlien W. Rosin, Special Administratrix of the Estate of Edward W. Rosin, Deceased v. Secretary of Health, Education and Welfare · Dean v. Gardner
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Even though the findings be supported by substantial evidence, the decision should be set aside if the proper legal standards were not applied in weighing the evidence and making the decision. Id. at 540 .”
5 later decisions quote this exact passage · from the majority“(3) For purposes of this subsection a `physical or mental impairment' is an impairment that results from anatomical, physiological or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques. * * *”
4 later decisions quote this exact passage · from the majority““The statute refers to ‘medically acceptable clinical * * * diagnostic techniques.’ Stedman’s Medical Dictionary, 20th ed., defines ‘clinical’ as: “ ‘2. Denoting the symptoms and course of a disease as distinguished from the laboratory findings of anatomical changes.’ “We venture to suggest that there may be people who are really disabled, and can be found so by medically acceptable clinical diagnostic techniques, even though laboratory techniques do not support the diagnosis. Not all subjective complaints of a patient are accepted by a doctor. But one skilled in the art may well be able, by medically acceptable clinical techniques, to sort them out, to decide which to believe, and to make a diagnosis accordingly. In this case, several doctors, in spite of a lack of ‘objective’ symptoms, believed Flake’s complaints and came to a diagnosis on that basis. See particularly the report of Dr. Downing, quoted supra. It is arguable that the Hearing Examiner felt bound to reject those diagnoses. We are not at all sure that the amended statute or the regulations require this. . . . ” 399 F.2d at 540, 541 . See also, Moore v. Finch, 418 F.2d 1224 (4th Cir. 1969).”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.